In a significant reprimand of the Uttar Pradesh police, Justice Surya Kant of the Supreme Court today criticized the force for what he termed as “enjoying power” and emphasized the need for increased sensitivity in their operations. During the proceedings, the Justice highlighted the “dangerous area” the police were entering with their conduct.
The case involved multiple FIRs against the petitioner, Anurag Dubey, who expressed concerns about being implicated in yet another case if he complied with the investigation requirements. The bench, which also included Justice Ujjal Bhuyan, directed that while Dubey should respond to notices sent to his mobile phone by the Investigating Officer, he should not be taken into custody without the Court’s explicit permission.
Despite the Court’s initial refusal to quash the FIR against Dubey, which included charges like assault and criminal intimidation, it issued a notice to the State of Uttar Pradesh querying why anticipatory bail should not be granted. This action followed reports that Dubey had been compliant with the investigation but avoided physical appearance due to fear of wrongful detainment.
Justice Kant forcefully articulated concerns over the potential for misuse of power by the police. He warned, “Every time you come with a new FIR against him! How many cases can prosecution uphold?” He pointed out the troubling ease with which the police could allege serious accusations like land-grabbing based on shaky grounds.
Senior Advocate Rana Mukherjee, representing the State of Uttar Pradesh, informed the Court that despite the issuance of notice, Dubey had not appeared before the Investigating Officer, choosing instead to submit an affidavit. This led to a sharp response from Justice Kant, who expressed understanding of Dubey’s fears of facing baseless new charges.
In an era where digital communication prevails, the bench suggested that the police modernize their approach by notifying Dubey via mobile messaging about his required appearances, ensuring transparency and timeliness in communications.
Justice Kant concluded with a stern warning to the police against any unauthorized arrest, emphasizing that any legitimate need for arrest must be substantiated before the Court. He stated that failure to comply would not only result in suspension but potentially more severe consequences for the officers involved.
